Common use of Conflicting or Adverse Agreements or Restrictions Clause in Contracts

Conflicting or Adverse Agreements or Restrictions. Neither Parent nor any Subsidiary thereof is a party to any contract or agreement or subject to any restriction which could reasonably be expected to have a Material Adverse Effect. Neither the execution and delivery by the Parent or any Subsidiary of the Loan Documents and the Acquisition Documents to which it is a party, nor the consummation of the transactions contemplated thereby nor its fulfillment of and compliance with the respective terms, conditions and provisions thereof will (i) result in a breach of, or constitute a default under the provisions of (a) any order, writ, injunction or decree of any court which is applicable to it or (b) any material contract or agreement to which it is a party or by which it is bound, (ii) result in or require the creation or imposition of any Lien on any of its property pursuant to the express provisions of any material agreement to which it is a party, or (iii) result in any violation by it of (a) its charter or bylaws or (b) any Law or regulation of any Governmental Authority applicable to it.

Appears in 2 contracts

Samples: Term Credit Agreement (Mens Wearhouse Inc), Revolving Credit Agreement (Mens Wearhouse Inc)

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Conflicting or Adverse Agreements or Restrictions. Neither Parent nor any Subsidiary thereof is a party to any contract or agreement or subject to any restriction which could reasonably be expected to have a Material Adverse Effect. Neither the execution and delivery by the Parent or any Subsidiary of the Loan Documents and the Acquisition Documents to which it is a party, party nor the consummation by it of the transactions contemplated thereby nor its fulfillment of and compliance with the respective terms, conditions and provisions thereof will (i) result in a breach of, or constitute a default under under, the provisions of (a) any order, writ, injunction or decree of any court which is applicable to it or (b) any material contract or agreement to which it is a party or by which it is bound, (ii) result in or require the creation or imposition of any Lien on any of its property pursuant to the express provisions of any material agreement to which it is a party, party or (iii) result in any violation by it of (a) its charter charter, bylaws or bylaws other organizational documents or (b) any Law or regulation of any Governmental Authority applicable to it.

Appears in 1 contract

Samples: Term Credit Agreement (Mens Wearhouse Inc)

Conflicting or Adverse Agreements or Restrictions. Neither Parent Borrower nor any Subsidiary thereof is a party to any contract or agreement or subject to any restriction which could reasonably be expected to have a Material Adverse Effect. Neither the execution and delivery by the Parent Borrower or any Subsidiary of the Loan Documents and the Acquisition Documents to which it is a party, party nor the consummation by it of the transactions contemplated thereby nor its fulfillment of and compliance with the respective terms, conditions and provisions thereof will (i) result in a breach of, or constitute a default under under, the provisions of (a) any order, writ, injunction or decree of any court which is applicable to it or (b) any material contract or agreement to which it is a party or by which it is bound, (ii) result in or require the creation or imposition of any Lien on any of its property pursuant to the express provisions of any material agreement to which it is a party, or (iii) result in any violation by it of (a) its charter or bylaws or (b) any Law or regulation of any Governmental Authority applicable to it.

Appears in 1 contract

Samples: Revolving Credit Agreement (Mens Wearhouse Inc)

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Conflicting or Adverse Agreements or Restrictions. Neither Parent Borrower nor any Subsidiary thereof is a party to any contract or agreement or subject to any restriction which could reasonably be expected to have a Material Adverse Effect. Neither the execution and delivery by the Parent Borrower or any Subsidiary of the Loan Documents and the Acquisition Documents to which it is a party, party nor the consummation by it of the transactions contemplated thereby nor its fulfillment of and compliance with the respective terms, conditions and provisions thereof will (i) result in a breach of, or constitute a default under under, the provisions of (a) any order, writ, injunction or decree of any court which is applicable to it or (b) any material contract or agreement to which it is a party or by which it is bound, (ii) result in or require the creation or imposition of any Lien on any of its property pursuant to the express provisions of any material agreement to which it is a party, party or (iii) result in any violation by it of (a) its charter charter, bylaws or bylaws other organizational documents or (b) any Law or regulation of any Governmental Authority applicable to it.

Appears in 1 contract

Samples: Revolving Credit Agreement (Mens Wearhouse Inc)

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